Doctrinairrechtelijk

Doctrinairrechtelijk is a Dutch term that describes a legal approach or perspective characterized by strict adherence to established legal doctrines, theories, and principles. It emphasizes the systematic and logical application of established legal rules and concepts, often derived from legal scholarship and precedent, rather than focusing on practical consequences, social justice considerations, or pragmatic problem-solving.

A doctrinairrechtelijk approach typically involves in-depth analysis of legal texts, historical legal development, and the underlying theoretical foundations of law. It seeks to ensure consistency, coherence, and internal logic within the legal system. This perspective prioritizes the integrity of legal doctrine and aims to deduce outcomes from established legal principles through rigorous reasoning.

While it can lead to a predictable and stable legal system, a purely doctrinairrechtelijk approach may sometimes be criticized for being overly abstract, detached from reality, or insensitive to the complexities of individual cases or societal needs. It can be contrasted with legal approaches that emphasize judicial activism, policy considerations, or a more teleological interpretation of law, focusing on the purpose or intended outcome of legal rules. The term is often used to describe a style of legal argumentation or a theoretical framework within legal scholarship.